TUCKAHOE TERRACE COOP., INC. v. LAL CONSTR. CORP.


14 A.D.2d 919 (1961)

Tuckahoe Terrace Cooperative, Inc., Respondent, v. Lal Construction Corp. et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 20, 1961


Appeal from the order of May 8, 1961, dismissed, without costs. This order was superseded by the resettled order of June 16, 1961. Order of June 16, 1961, reversed, with $10 costs and disbursements to the said defendants (appellants) and plaintiff's motion to vacate the prior order of dismissal denied, with leave to plaintiff to renew upon proper papers, if so advised.

The facts stated in the moving papers are insufficient to show that plaintiff's default was due...

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